Harger v. Edmonds
New York Supreme Court
Error to the Oneida common pleas. The action was covenant, brought by the plaintiffs to recover rent due upon a lease. The suit was commenced before a justice of the peace of Oneida county, who rendered a judgment for the plaintiffs; which judgment was affirmed by the court of common pleas, on appeal. The questions arising upon the trial, and the facts in the case, are stated in the opinion of the court.
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Error to the Oneida common pleas. The action was covenant, brought by the plaintiffs to recover rent due upon a lease. The suit was commenced before a justice of the peace of Oneida county, who rendered a judgment for the plaintiffs; which judgment was affirmed by the court of common pleas, on appeal. The questions arising upon the trial, and the facts in the case, are stated in the opinion of the court. At the close of the testimony the counsel for the defendants requested the court to charge the jury that if they found, from the evidence, that the demised premises were not put in the state…
1Opinion of the Court
By the Court, Gridley, J.
The action in the court below was covenant for rent, brought on a sealed indenture of lease, executed on the 24th of June, 1846, demising a tavern stand situated at a place near Rome called Newville, for the term of nine months from the 1st of July, 1846, at a stipulated rent. The lease contained the following clause. And the said parties of the first part agree to put the buildings and premises in suitable repair for the same to be occupied for public entertainment by the said parties of the second part; and also to keep in repair the aqueduct made for the benefit of…
2Cases cited1 opinion
- Bleecker v. SmithNew York Supreme Court · 1835
3Cited by22 opinions
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- Springfield & Northeastern Traction Co. v. WarrickIllinois Supreme Court · 1911
- Jennison v. HaireMichigan Supreme Court · 1874
- Avery v. New York Central & Hudson River R. R. Co.New York Court of Appeals · 1890
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